Terms and Conditions
1. GENERAL TERMS
a) This document contains the terms and conditions for using the website www.retargeting.biz (hereinafter referred to as "Terms and Conditions"), determines the conditions in which any person may visit or access the website www.retargeting.biz or may use in any way the services offered through retargeting.biz
b) Within the meaning of the present Terms and Conditions:
• "Site" hereinafter refers to the webpage www.retargeting.biz;
• "Provider" or “Retargeting.biz” hereinafter refers to S.C. Retargeting Biz SRL, with its registered office in 178 Vasile Lascar, District 2, Bucharest ;
• "Service" means any services offered through www.retargeting.biz and/or any module or component thereof;
• "User" means any person visiting or accessing www.retargeting.biz,
• "Beneficiary" hereinafter refers to any person who creates an account on www.retargeting.biz or wants to use in any way or actually uses the Service, including any User.
c) Not accepting these Terms and Conditions or any provisions thereof requires the User/Beneficiary to immediately stop accessing www.retargeting.biz. Continuing to access or visit www.retargeting.biz, of any of its pages and/or the use of the Service, as well as of any component thereof constitutes an acceptance entirely and unconditionally of the Terms and Conditions and of any provision thereof.
d) By registration, the User entirely and unconditionally accepts the provisions of these Terms and Conditions and understands to use the Service pursuant thereto, including the use of the service for a Trial period. Users who create an account on www.retargeting.biz understand and accept that using their account, as well as any access or visit of www.retargeting.biz, or of any page thereof and/or using the Service, as well as any component thereof constitutes an acceptance, entirely and unconditionally, of the Terms and Conditions and of any provision thereof; non-acceptance of the Terms and Conditions by Users mentioned above draws their obligation to stop accessing the website.
e) Beneficiaries undertake to provide, when registering on www.retargeting.biz, when accessing and using the Service, as well as in any access and use of www.retargeting.biz, valid, accurate, reliable and correct data and information, in order to offer or benefit from services through www.retargeting.biz.
f) Beneficiaries understand and accept that in case of violation in any way and to any extent of any of the provisions of the Terms and Conditions, the Provider shall be able to choose, at its sole discretion, to fully or partially suspend the access of the Beneficiary to any Retargeting.biz Service, or not to publish any content sent by the Beneficiary, for posting, to retargeting.biz, or to permanently ban the access to one or several facilities offered by retargeting.biz, or to cancel the account of the User/Beneficiary on www.retargeting.biz, without any warnings or notice and without requiring any other formalities in this regard.
g) The services offered under this Terms and Conditions are retargeting and marketing automation services for information society providers. This includes, but it is not limited to personalized email content, personalized live messages and/or SMS triggers to deliver to your customers the products they want to buy. Due to its inherent nature of these services, these are offered only in a B2B format – only to businesses or private persons acting in its professional quality.
h) The Beneficiaries subscriber lists are stored on a secure Retargeting server. We don’t, under any circumstances, sell your lists, contact people on your lists, market to people on your lists, steal your lists, or share your lists with any other party, unless it’s required by law or specifically allowed by you. If someone on your list complains or contacts us, we may then contact that person. Only authorized employees have access to view Distribution Lists. Any personal data from the Beneficiaries would be processed according to the Data Processor Contracting Rules.
2. SPECIFIC TERMS ON USING THE SERVICE
c) Depending on the parameters set, through Retargeting.biz Services the Provider manages to identify why visitors don't buy and subsequently communicates with them in a personalized manner, sending to each of them a message on the website/e-mail/SMS through which it will meet their needs, thus increasing the conversion rate.
d) Through Retargeting.biz Services, e-mails or SMS are sent through own platform or through a third party platform. The Provider may change its providers without being required to previously notify the Beneficiaries or get their approval.
e) Through Retargeting.biz services, information is captured on the website of the Beneficiary and is sent to the user under a different form, but does not intervene on content. Given that the Provider does not intervene on the content of the Beneficiary's website, the entire liability belongs to the Beneficiary for the content of its website.
f) Retargeting.biz Services lead to storage for 6 months of information about visitors . All those data more than 6 month old are deleted. Any Beneficiary has access, whenever it wants, to a database with personalized information about its users through the backoffice of the Provider.
g) If by using the Retargeting.biz Services a visitor is monitored on 2 different websites, the Provider shall not use the information from one website for the other website. For each website, information is stored separately.
h) When capturing any e-mail address, Retargeting.biz makes an automatic search of public profiles and more information is found about such address, in order to achieve a more advanced segmentation.
i) By using Retargeting.biz Services, in the event of sending e-mails on behalf of the Beneficiary, the sender may appear as follows: Beneficiary name via a third party.
j) By offering Retargeting.biz Services, the Provider does not sell or rent its databases.
l) Beneficiaries are the only ones responsible for the e-mail addresses and telephone numbers uploaded in the database for the provision of the Service, and for the content of messages sent. In no circumstance will the Beneficiary be able to invoke or engage in any manner and to any extent the liability of the Provider for the content of e-mails or SMS sent following the provision of Services, as the Provider offers just a technical functionality and has the role of a hosting provider for the information made available by the Beneficiary.
m) Please note that SMS shall be sent only between the hours 9:00 - 21:00, local time of the Beneficiary .
n) The Provider bears no responsibility for performing the Services requested by the Beneficiaries. The Provider has no control over the content of e-mails or SMS sent and cannot verify or monitor in any way whether the services provided comply with the legal provisions that need to be observed by the Beneficiary. The Provider cannot be held liable for any direct or indirect damage caused by using the Site or Service. The entire liability belongs to the Beneficiary.
o) We may view, copy, and internally distribute content from the Beneficiaries Emails and account to create algorithms and programs ("Tools") that help us spot problem accounts. We may use these Tools to find Beneficiaries who violate these Terms or any applicable laws.
p) The Beneficiary is responsible for keeping your account name and password confidential. This includes the responsibility for any account that you have access to, whether or not you have authorized its use. The Beneficiary shall immediately notify Retargeting.biz of any unauthorized use of its accounts. Retargeting.biz is not responsible for any losses due to stolen or hacked passwords. Retargeting.biz doesn’t have access to your current password, and for security reasons, Retargeting.biz may only reset your password.
q) Retargeting.biz doesn’t know the inner workings of the Beneficiary organization or the nature of personal relationships, therefore Retargeting.biz doesn't arbitrate disputes over who owns an account. Retargeting.biz may decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then Retargeting.biz will rely on the contact information listed for that account.
r) When the Beneficiary sends email marketing, it bounces around from server to server as it crosses the Internet. Along the way, server administrators may read what you send. Email wasn’t built for confidential information. If you have something confidential to send, please don’t use Retargeting.biz services.
t) The Beneificiary represent and warrant that its use of Retargeting.biz will comply with all laws and regulations applicable to him.
3. PRICE OF SERVICES AND INVOICING
a) The prices of Retargeting.biz Services are available on this webpage - https://retargeting.biz/pricing and do not include VAT. VAT will be added to EU customers based on the Member State VAT rate where the customer is located unless a valid VAT number is provided.
b) The Beneficiary will pay in advance for Retargeting.biz Services.
c) The Beneficiary may choose in its account between two or more different possible payment schemes, if available. Only the Beneficiary may change its accepted payment scheme at any point, before the invoicing day.
d) The Beneficiary is announced automatically, on the invoicing day, about the change of price. If payment is made by card, the new value shall be withdrawn automatically, either higher or lower.
e) The Provider shall immediately send the invoice after the card payment is made.
f) Invoice and payment are automated and cannot be changed, so there is a risk to withdraw a higher or lower amount. In this case, the Provider undertakes to return the difference (if more money was withdrawn) within 5 days and Beneficiaries are required to pay to the Provider the difference (if the withdrawn amount is lower), also within 5 days. If money is not transferred by the Provider or Beneficiary, each party shall owe delay penalties of 0.1% of the outstanding amount for each day of delay.
g) Payments are processed by the payment processor GECAD ePayment International S.A., through the PayU payment service.
h) For any attempt to defraud the payment system, the Beneficiary must approach PayU.
i) As long as you’re a Beneficiary or have an outstanding balance with us, you'll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
j) The Provider may offer free trial version for several days, while certain features of the Retargeting.biz contract might not be available. This offer would be valid only for new clients and may be withdrawn for any reason by the Provider. Details for this offer would be available here - https://retargeting.biz/pricing
4. INTELLECTUAL PROPERTY RIGHTS
a) Notwithstanding the preceding provisions, the Provider or its partners do not own those materials for which another right holder was indicated on www.retargeting.biz, or another holder or another source, information provided by Users/Beneficiaries, or opinions and/or comments of any type expressed by the Users/Beneficiaries of the Site regarding materials of any type posted on www.retargeting.biz or regarding the Site content in general.
b) The content and graphical elements of www.retargeting.biz, including but not limited to, belong to the Provider and its partners and represent the content of www.retargeting.biz.
c) The Beneficiary undertakes to comply with all copyright and any other intellectual property rights which the Provider www.retargeting.biz and its partners hold on/in relation to www.retargeting.biz, its content, Service, any module or component thereof or in connection with their use.
d) The copy, takeover, reproduction, publication, transmission, sale, partial, full or modified distribution of the content of www.retargeting.biz or any part thereof for purposes other than personal or that expressly indicated by the Provider are prohibited.
e) The Provider www.retargeting.biz reserves the right to sue any person and/or entity that violates in any way the above provisions.
f) Any Beneficiary that sends in any way information or materials to www.retargeting.biz undertakes not to prejudice in any way the copyright, intellectual property rights or any other rights that a third party could invoke in connection to materials and information send in any way to www.retargeting.biz and Beneficiaries that send in any in any way information or materials understand and accept that violation in any way of this obligation cannot engage in any way the liability of the Provider, but only the liability of the respective persons.
g) Any copyright-related claim shall be sent by email to email@example.com.
h) It is strictly prohibited to use the Retargeting.biz Services to send any content with vulgar or obscene language, containing unlawful text, threatening, abusive, indecent, racist, chauvinist or that could discriminate any person in any way, or that would violate any human rights and freedoms of third parties according to the legislation in force.
i) Users/Beneficiaries understand and accept that Retargeting.biz offers them only a direct marketing platform and that they alone are responsible for any materials, data and information posted or sent to www.retargeting.biz, regardless of the form and section where they appear, for their use, access and use of the Service and for any facility offered by retargeting.biz and for any legal and/or commercial effects deriving therefrom.
5. Processing of personal data as a data controller
a) According to the provisions of the Romanian Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data, amended and of the Law no. 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector, amended, Retargeting.Biz has the obligation to administrate in a secure technical environment and only for the notified purposes the personal data the Users supply, data belonging to users and/or to his/hers relatives, in order to be able to use the services requested by the User and provided by the data controller.
b) Retargeting.Biz as a data controller, in progress of authorization at the Romanian Data Protection Authority, processes the personal data the User supplies freely and in an informed manner for the following purposes: publicity and marketing, electronic communication services, e-commerce and for the administration of the web site www.retargeting.biz. The data is gathered using automated and non-automated means.
d) The information processed is to be used only by the data controller and it may be disclosed to our contractual partners and public authorities, according to the law. The data processed may be transferred abroad.
e) According to the Law no. 677/2001, the User has the right of access to data, the right of intervention upon data, the right to object and the right not to be subject to an individual decision. The User also has the right to object any time, free of charge and easily, without any restriction to the processing of its data for marketing purposes. In order to exercise these rights, the User may send a written, dated and signed letter using the data controller's correspondence address or the email address: firstname.lastname@example.org.
f) Also, you have the right to address to the court of law and/or to the Romanian data protection authority (www.dataprotection.ro) .
6. LINK TO OTHER WEBSITES
a) Users/Beneficiaries understand and accept that retargeting.biz may contain links or reference to other internet sites, including the sites of product and/or service providers to which the advertising banners posted on www.retargeting.biz or advertising microsites, personal sites (blogs) send, but without limited to, which are considered by the Provider useful in relation to the Content of www.retargeting.biz, but which are not under its control or guidance.
b) The Provider is exempt from any liability regarding the content or opinions expressed on all internet sites mentioned above, as well as their correctness and accuracy, and Users/Beneficiaries understand and accept that these internet sites are not monitored, controlled or verified in any way by the Provider. Including a link or reference to other internet sites does not involve their approval in any way by the Provider. At the time when Users/Beneficiaries access such internet sites, they do so at their own risk, knowing that the use of services offered by these sites is subject to conditions set by the administrators of these sites.
7. LIMITATION OF LIABILITY
a) Considering that the Provider provides a hosting platform for data analysis and direct marketing services only at the request of the Beneficiary, the Beneficiary assumes all civil and criminal liability for the content of SMS and e-mails sent and the consequences of using them. The Provider cannot be held liable for any SMS or e-mails sent, the Beneficiary being the only one liable before users, before any third party and before the authorities for compliance with the legal provisions and for any direct or indirect damage, material or moral, caused by rights violations of third parties, for any legal consequences deriving from these or for the violation of the legislation in force.
b) In no circumstance, regardless of circumstances invoked, shall the Provider be held liable before the Beneficiary in relation to Services for any additional amount compared to the amounts actually paid by the Beneficiary to the Provider.
c) By using the Services, the Beneficiary declares that owns all legal rights on the databases with personal names to which SMS and emails will be sent, that information in the databases were obtained legally, in compliance with its national applicable law, with third party rights and any legal provisions in force and that SMS and e-mails meet the legal dispositions in force. The Beneficiaries agrees that this data would be processed according to the Data Processor Contracting Rules.
d) The Provider assumes no obligation and does not guarantee, implicitly or deliberately, for services rendered. Due to the current Internet infrastructure, the Provider may not guarantee in any way that the email sent are actually received by all the users. The Provider shall make all reasonable efforts to ensure the provision of Services and try to correct errors and omissions as soon as possible.
e) Provider retargeting.biz does not offer any guarantees and has no responsibility for the result of Services rendered at the request of the Beneficiary, for information made available through www.retargeting.biz by Users/Beneficiaries and in no circumstance can it be held liable for any loss or damage that may result from the use of either section, sequence, page on www.retargeting.biz, of the Service or from the impossibility to use it, regardless of its cause, or from the misinterpretation of any provision of www.retargeting.biz.
f) Users/Beneficiaries understand and accept that the Provider makes available for Users/Beneficiaries a hosting platform, so all services and facilities related to the use of retargeting.biz, as well as all data, information contained therein are provided "as is", "as available", and Users/Beneficiaries use them at their own risk. Users/Beneficiaries understand and accept that the Service made available on www.retargeting.biz is provided "as is", "as available" and use it at their own risk. Users/Beneficiaries understand and accept that rendering the Service may be affected by certain objective conditions; as well as any services rendered through retargeting.biz, they are offered according the principle "as is", "as available", and Users/Beneficiaries use these services at their own risk. Consequently, the Provider cannot be held liable regarding any information and data included in the content of www.retargeting.biz or received from Users, including but without limitation to those regarding offers, services, data and information related to the use of the Service, or any other activity regarding the use and access of the Service and/or of www.retargeting.biz, as well as any other legal effect deriving therefrom.
g) Users/Beneficiaries understand and accept that the Provider is exempt from any liability in the event of any stoppage, interruption, hindering, malfunctions or errors in the operation of www.retargeting.biz, in case of technical failures of any kind or any errors in the provision of the Service, and in any situation in which it wouldn't be proven with certainty that any errors or technical problems of the above are due directly and exclusively to the serious fault of the Provider.
h) Expressly, Users/Beneficiaries understand and accept that the Provider is exempt from any liability for any direct or indirect damage, including but not limited to loss of profits, commercial venue or other intangible losses, resulting from the use of the Service or any other aspect in connection with the Service and use of www.retargeting.biz in any way or any legal consequences deriving from it.
i) Beneficiaries understand and accept that the Provider is exempt from any liability for messages sent, for the content sent to Users through the Service.
j) In cases of force majeure, the Provider and/or operators, directors, employees, branches, subsidiaries and its representatives shall be entirely exempt from liability. Force majeure cases include, but are not limited to, errors in operation of technical equipment of the company, no functioning of the internet connection, denial of service attacks, no functioning of telephone connections, computer viruses, hacking attacks of any type and interference with any malicious software, unauthorized access in the retargeting.biz systems, operational errors, strike etc.
k) Users/Beneficiaries agree to protect, insure and fully compensate the Provider and/or its operators, directors, employees, branches, subsidiaries and representatives against any demands, claims, actions, charges, losses, damages, costs (including but not limited to attorney's fees, fees for experts and consultants or executors, legal fees, notary or performance fees), costs, judgments, decisions, fines, regulations or other obligations arising from or related to any other action of the User/Beneficiary in connection with the use of the Services or any other matter in connection with the Service.
8. RESELLER STATUS AND ACTIVITIES
The beneficiary may apply for a reseller status in order to invite other users to use the Retargeting.biz services. In order to apply for a reseller status, the beneficiary shall apply by email to email@example.com with such a request. The following rules will apply to the reseller activities, if the reseller status has been approved by the Provider:
- the reseller activity is involving consideration and thus the beneficiary will receive a customer lifetime percentage commission that is indicated on the web page www.retargeting.biz/reseller if all the conditions below are cumulatively met:
- this option is available only for Beneficiaries that are registered as a legal person;
- in order to get new users, the reseller must send an invite from their account, in order to track a user to their account and to be paid for the resale activity. Any other form to promote the reselling activities must be approved by the Provider on a case-by-case basis;
- the Reseller may see all the clients refereed to the Provider from its account, but might be restricted to access the personal data related to the account.
- In the first 3 working days from the beginning of each moth the Beneficiary will create an automatic report on the completed resale activities.
- In order the be paid the reseller must send an invoice to the Beneficiary in the first 5 working days after the monthly report has been issued, that must contain the amount, the reselling services and its period of delivery, the fact that the services have been delivered based on the current Terms and Conditions – Chapter 8. The Beneficiary must pay the proper invoice in 10 working days from its acceptance.
- A new Retargeting.biz client may belong only to one reseller
- The Beneficiary agrees to comply with all laws, including all data protection, notification and consumer protections laws in promoting the reselling activities
- The Provider may send to the Beneficiary some information deemed to be Confidential. For these kind of the information, the Beneficiary is responsible to protect and preserve the confidential and proprietary nature of all Confidential data and information received
- The Provider is entitled to suspend or terminate the Beneficiary's subscription to the Service, including its reselling activities if the currents terms and conditions are breached. Following the termination or cancellation of the Beneficiary's subscription, the Provider reserves the right to delete all data in the normal course of operation.
- During these reselling activities, each party shall maintain all rights in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property rights.
9. GOVERNING LAW DISPUTES
Rights and obligations of Users/Beneficiaries and of the Provider, set forth in the Terms and Conditions, and all legal effects the Terms and Conditions produce shall be construed and governed in accordance with Romanian law in force. This specifically includes the specific conditions in chapter 8 on reselling the Retargeting.biz services. The applicable law in relations arising between the Provider and User/Beneficiary/other party is the Romanian law. The law applicable to any report or effect arising from the Service or accessing www.retargeting.biz is the Romanian law. Any dispute arising out of or relating to these Terms and Conditions shall be settled amicably. In case of impossibility to reach an agreement, the dispute shall be settled by the competent Romanian court located within the area of Bucharest.
10. AMENDMENT TO TERMS AND CONDITIONS
The Provider is entitled to amend at any time and in any way any of the provisions of the Terms and Conditions or the Terms and Conditions entirely, without any prior notice and without being required to fulfil any other formality before Users/Beneficiaries. Any amendment shall be considered as fully and unconditionally accepted by any User/Beneficiary by simply using or accessing any facility offered by www.retargeting.biz or by using the Services, or accessing www.retargeting.biz, occurred at any moment after the amendment was made, and non-acceptance of any change draws the obligation of the respective User/Beneficiary to immediately stop accessing www.retargeting.biz and or using in any way the Service. The present Terms and Conditions – version 1.1 were published by the Provider on its website on 9.05.2016 and are accessible at the web page https://retargeting.biz/terms